Jane Wairimu Mathenge v Joseph Wachira Mathenge & 3 others [2016] eKLR

Key Facts

Deceased Name

Issues

• The deceased's estate was distributed by the first and second respondents following an initial grant of letters of administration intestate. However, the applicant successfully revoked this grant in 2010, and the court must assess whether the subsequent distribution of assets was lawful under the Law of Succession Act after the nullification of the original grant. The respondents argue the distribution adhered to the deceased's wishes, but the court ruled this invalid due to lack of legal authority post-revocation.
• The applicant sought to consolidate all income from the deceased's properties into a joint account managed by advocates representing all parties to ensure equitable distribution. The court granted this application, ordering the previous administrators to account for all collected income and directing the current administratrix to register the coffee account in her name. This aligns with sections 79 and 83 of the Law of Succession Act, which mandate preservation and accurate accounting of the estate.
• The court examined whether the first and second respondents, who managed the estate's properties and collected income before the grant was revoked, violated intestacy laws by distributing assets without proper authorization. The applicant contended that the respondents improperly intermeddled with the estate, while the respondents claimed a 'local arrangement' justified their actions. The ruling emphasized compliance with section 45 of the Law of Succession Act, requiring administrators to account for all estate income.

Date of Death

Holdings

• All income from the deceased's properties (Plot Karatina Township Block 1/527, Plot No. 6 Mathaithi Market, Plot Karatina Township Block 1/140, and Coffee Farm Plot Konyu/Baricho/628) must be deposited into a joint interest-earning bank account within 30 days, held by the advocates of the parties.
• The first and second respondents are ordered to file a full and accurate account of rental income from the mentioned properties within 30 days of the ruling.
• Each party is to bear their own respective costs in the matter.
• The coffee account with Mathira Coffee Farmers Society is to be registered in the name of Jane Wairimu Mathenge, the current administrator, pending completion of estate administration.

Remedies

• The first and second respondents are ordered to file a full and accurate account of rental income from specified plots and the coffee farm since the deceased's death within 30 days.
• All income from the deceased's estate, including specified plots and the coffee farm, must be deposited into a joint interest-earning bank account in the names of the parties' advocate firms within 30 days.
• The coffee account with Mathira Coffee Farmers Society is to be registered in the name of Jane Wairimu Mathenge pending administration.
• Parties will bear their own respective costs in the matter.

Will Type

Probate Status

Legal Principles

• The court applied the presumption that the deceased died intestate in the absence of a valid will, relying on the Law of Succession Act and Probate and Administration Rules to mandate proper estate administration and distribution.
• The administratrix was granted authority to ensure proper management and accounting of the estate, emphasizing fiduciary duties under sections 79 and 83 of the Law of Succession Act to prevent unauthorized disposal of assets.

Succession Regime

Executor Name

Cited Statute

• Law of Succession Act
• Probate and Administration Rules

Executor Appointment

Judge Name

Passage Text

• All the income accruing as rent from the assets comprising the deceased's estate and in particular, all those assets referred to as Plot Karatina Township Block 1/527, Plot No. 6, Plot Karatina Township Block 1/140, Mathaithi Market and Coffee Farm Plot Konyu/Baricho/628 shall be deposited in a joint interest earning bank account which shall be opened in a reputable banking institution in the joint names of the parties' firms of advocates namely, Messrs P.M. Kahiga & Co Advocates, Messrs Muthigani & Co. Advocates and Messrs S.M.Kitonga Advocates within 30 days of the date hereof.
• the nullification or revocation of this grant effectively reverted the interest in those assets comprising the deceased's estate to the deceased who is now personally represented by the applicant. Secondly, the grant has not been confirmed and the estate distributed and therefore a claim to, or any form of disposition or alienation of any part of the estate would be premature.
• I agree with the applicant that if this court has to distribute the deceased's estate fairly and, in any event, in consonance with the law, then all assets comprising the estate and any net income that has accrued from all or any of these assets since the deceased's demise must be accounted for and must necessarily be brought into the common hotchpotch.

Beneficiary Classes